(a) Complaints may be filed by any
interested person with the Administrator of Apprenticeship or the Administrator
of Apprenticeship upon his/her own initiative may issue a complaint, within
the time period specified below, when there is cause to believe that a decision,
order or action of an apprenticeship program sponsor has been unfair or unreasonable;
or that there has been a violation of:

(m) "Employed as an apprentice"
in the building and construction industry for the purpose of Labor Code Section
3098 means employment pursuant to the approved standards of apprenticeship of
the Program, under the supervision of journeyman/men, where the apprentice is
receiving at least the minimum wage applicable to the apprentices period
of apprenticeship as provided for in this chapter.

(n) "Geographic Area of Operation"
of an apprenticeship program means the geographic area in which the program
regularly operates and trains apprentices.

(1) An apprentice agreement in an
approved joint apprenticeship program shall be approved by the joint apprenticeship
committee if the agreement complies with the apprenticeship program standards
and Chapter 4 of Division 3 of the Labor Code and its implementing regulations
under Title 8, California Code of Regulations, Section 200 et seq; and where
there are adequate related and supplemental instruction and an assurance of
employment to provide on-the-job training.

(2) After approval by the joint
apprenticeship committee, the agreement shall be sent to DAS for registration
within thirty (30) days of its execution by the apprentice.

(3) DAS shall register the agreement
if DAS determines that it was approved in accordance with the requirements set
out above, under subsection (a)(1), and it was submitted to DAS within thirty
(30) days of its execution by the apprentice.

(4) Within thirty (30) days of receipt
of the agreement, DAS shall either register the agreement or return it to the
program sponsor with the reasons for non-registration. If DAS registers the
agreement, the registration shall be effective as of the date of its execution
by the apprentice.

(b) Agreements approved by the Administrator

(1) If there is no joint apprenticeship
committee, the apprenticeship agreement shall be sent to DAS for approval by
the Administrator within thirty (30) days of its execution, and shall be approved
if the Administrator determines that it complies with the requirements set out
above, under subsection (a)(1), and it was submitted to DAS within thirty (30)
days of its execution by the apprentice.

(2) If approved, the agreement shall
be considered registered as of the date of its execution by the apprentice.
A copy of the approved agreement shall be filed with the CAC for its review.
If the Administrator does not approve the agreement, it shall not be
registered and shall be returned to the program sponsor within 30 days of the
date of receipt with the reasons for non-approval.

(a) During the probationary period,
if any, an apprentice agreement shall be terminated by the program sponsor at
the request in writing of either party.

(b) After the probationary period,
or where there is no probationary period, the apprentice agreement may
only be terminated by the Administrator. Where there is mutual agreement of
the parties, an apprentice agreement may be terminated by submitting to the
Administrator a request in writing to terminate the agreement signed by the
parties. Where there is not mutual agreement, either party may request that
the agreement be terminated by the Administrator. The party making the request
shall submit whatever evidence it believes shows that there is good and sufficient
reason to terminate the agreement. The Administrator shall review the evidence
and, where there is good and sufficient reason, shall terminate the agreement.
No program sponsor shall submit a request to terminate an apprentice agreement
unless it shall first have given the apprentice notice in writing of its intended
action and, if the programs standards provide for a local adjustment procedure,
of the apprentices right to exhaust the local adjustment procedure. In
its request, the program sponsor shall advise the Administrator of the notice
to the apprentice. An apprentice who contests a program sponsors request
for termination may also file a complaint under Section 201. If a complaint
is filed, the Administratorshall join the request for termination withthe apprentice complaint, and act upon both jointly.

(a) For Apprentices In All Occupations
Except The Building And Construction Industry:

For apprentices participating in
approved apprenticeship programs in all industries, except the building and
construction industry, the beginning wage rate, employee benefits and other
compensation, and the progression of those rates, shall be decided by the sponsoring
program in consultation with and subject to the approval of the Chief DAS.

(b) For Apprentices In The Building
And Construction Industry Employed On Public Works Projects:

For apprentices participating in
approved apprenticeship programs in the building and construction industry,
the wages and employer payments for employees benefits as defined
in 8 C.C.R. § 16000 for regular and overtime work while employed on public works
projects within the meaning of Labor Code § 1720 et seq. shall be not less than
the per diem wage rates for apprentices in the apprenticeable occupation as
determined by the Director of Industrial Relations in the geographic area of
the project.

(c) For Apprentices In The Building
And Construction Industry Employed On Projects Not Covered By Subsection (b),
Above:

The hourly wage package as used
herein consists of the total of the wages and employer payments for employee
benefits as defined in 8 C.C.R. § 16000. For apprentices participating in approved
apprenticeship programs in the building and construction industry, the minimum
hourly wage package for apprentices while employed on projects not covered by
Subsection (b) above shall be as set forth either in subsections (1)-(5) of
this subsection or, in the alternative, as set forth in subsection (6) of this
subsection:

(1) A starting hourly wage package
for first-period apprentices of not less than 40 percent of the prevailing per
diem wage package for journeymen in the apprenticeable occupation and geographic
area of the project, as determined by the Director of Industrial Relations for
purposes of Labor Code § 1720 et seq., using the rate effective on the immediately
preceding March 1. At least 65 percent of this minimum hourly wage package must
be paid to the apprentice as taxable wages;

(2) If there is no prevailing hourly
wage package and wage package progression determined by the Director for journeymen
for the apprenticeable occupation and geographic area, a starting wage rate
decided by the sponsoring program in consultation with and subject to the approval
of the Chief DAS based on consideration of the minimum starting hourly wage
package and wage package progression for apprentices in the most analogous occupations
and geographic areas;

(3) Where an employer elects to
satisfy a portion of the hourly wage package by employer payments for employee
benefits as defined in 8 C.C.R. § 16000, the payment of such contributions must
be verifiable, and the cost of the benefit(s) must be reasonably
related to the amount of the contribution(s). The employer shall submit its
books and records to an audit by the DAS staff, upon request, to verify such
payments;

(4) Where an employer elects not
to satisfy a portion of the apprentices hourly wage package by employer
payments for employee benefits as defined in 8 CCR § 16000, the employer shall
pay the entire hourly wage package to the apprentice on the apprentices
paycheck. Where an employer elects to satisfy a portion of the apprentices
hourly wage package by employer payments for employee benefits, the employer
shall pay the remainder of the apprentices hourly wage package to the
apprentice in the apprentices paycheck;

(5) The minimum hourly wage package
shall increase for each successfully completed period of apprenticeship to a
higher percentage of the prevailing per diem wage package for journeymen in
the apprenticeable occupation and geographic area of the project. These periodic
increases in percentage shall be equal (e.g., 40 percent, 50 percent, 60 percent,
etc.) and shall be such that the minimum hourly wage package in the final period
of apprenticeship is not less than 80 percent of the prevailing per diem wage
package for journeymen in the apprenticeable occupation and geographic area
of the project, as determined by the Director, using the rate effective on the
immediately preceding March 1. At least 65 percent of this minimum hourly wage
package must be paid to the apprentice as taxable wages;

(6) In the alternative, a contractor
will be in compliance with this entire subsection (c) if the contractor provides
the same total hourly wage package and wage package progression to apprentices
employed on private projects as the contractor provides to apprentices employed
on public works projects in the same geographic area, and that total hourly
wage package is not less than the prevailing per diem apprentice wage package
for the apprenticeable occupation and the geographic area of the project;

(7) Existing apprenticeship programs
already approved by the DAS and the CAC which are not in compliance with any
aspect of this Subsection (c) shall have until February 17, 2002, to
come into full compliance;

(8) By the enactment of this regulation,
it is not the CACs intent to change the manner by which the Director of
Industrial Relations currently determines the prevailing wage rate, and the
provisions of this Subsection (c) shall not be used to determine the prevailing
wage rate.

(9) After February 17, 2002, all
contractors employing registered apprentices shall pay not less than the minimum
wages required by this subsection (c).

(d) For All Apprentices

Nothing in this Section shall permit
the payment of less than the minimum wage prescribed by the Federal Fair Labor
Standards Act or any applicable State minimum wage order.

Apprenticeship programs shall be
established by written apprenticeship standards which must be approved by the
Chief DAS under Section 212.2. In order to be approved, the standards must cover
all work processes within the apprenticeable occupation. The standards must
contain:

(a) A statement of:

(1) the occupation(s) and an outline
of the work processes in which the apprentice will receive supervised work experience
and training on the job, and the allocation of the approximate time to be spent
in each major process;

(2) the parties to whom the standards
apply, the program sponsor's labor market area, as defined by Section 215 appendix
2(l), for purposes of meeting equal employment opportunity goals in apprenticeship
training and the programs geographic area of operation as defined by section
205 (n);

(3) the duties of the apprentice;

(4) the apprentices working
conditions unique to the program;

(5) the progressively increasing
wage, employee benefits and other compensation of the apprentice, as set by
Section 208;

(6) the ratio of apprentices to
journeymen, or the number of apprentices to be employed and the method used
to determine the ratio whether by job site, workforce, department or plant;

(7) the local education agency which
has agreed to provide the related and supplemental instruction, and a description
of the courses to be provided;

(b) Provisions for:

(1) establishment of an apprenticeship
committee, if applicable;

(2) administration of the standards;

(3) establishment of rules and regulations
governing the program. An apprenticeship programs standards or rules may
provide for a period of probation which may not be for more than the combination
of 1,000 hours of employment and 72 hours of related instruction;

(4) determining the qualifications
of employers if other than single employer programs and an orientation, workshop,
or other educational session for employers to explain the apprenticeship programs
standards and the operation of the apprenticeship program;

(5) determining the qualifications
of apprentice applicants and fair and impartial treatment of applicants for
apprenticeship selected through uniform selection procedures, which shall be
an addendum to the standards, pursuant to Section 215;

(6) the incorporation of the provisions
of the standards into the apprentice agreement either directly or by reference;

(7) a procedure to be utilized for
the recording and maintenance of all records concerning apprenticeship and otherwise
required by law including a system for recording the apprentice's worksite job
progress and progress in related and supplemental instruction and a system for
the periodic review and evaluation of the apprentices progress in job
performance and related instruction;

(8) discipline of apprentices for
failure to fulfill their obligations on-the-job or in related instruction, including
provisions for fair hearings;

(10) recommending issuance of State
Certificates of Completion of Apprenticeship pursuant to Section 224;

(11) training and supervision, both
on the job and in related instruction, in first aid, safe working practices
and the recognition of health and safety hazards;

(12) training in the recognition
of illegal discrimination and sexual harassment;

(13) approval of the standards,
and revisions to the standards, by the Chief DAS;

(14) an adequate mechanism to be
used for the rotation of the apprentice from work process to work process to
assure the apprentice of complete training in the apprenticeable occupation
including mobility between employers when essential to provide exposure and
training in various work processes in the apprenticeable occupation; and an
adequate mechanism that will be used to provide apprentices with reasonably
continuous employment in the event of a lay-off or the inability of one employer
to provide training in all work processes as outlined in the standards;

(15) the on-going evaluation of
the interest and capacity of individual

employers to participate in the
apprenticeship program and to train apprentices on-the-job and provisions for
the evaluation of on-the-job training and related and supplemental instruction;

(16) compliance with training criteria
where such have been adopted pursuant to Section 212.01; and

(17) meaningful representation of
the interests of apprentices in the management of the program, which is shown
where:

(A) In a joint labor-management
sponsored program, the apprentices participating in that program are represented
by a labor organization pursuant to one of the following: National Labor Relations
Act, the Railway Labor Act, the California Public Employee Relations Act, Agricultural
Labor Relations Act, the Meyers-Milias Brown Act;

(B) In a program sponsored by more
than one employer or an association of employers, the apprentices participating
in that program are at least equally represented on an advisory panel established
by the apprenticeship committee responsible for the operation of the program.
The apprentices shall be represented on the advisory panel by at least three
representatives of the apprentices choice who shall have full voice and
vote on the panel except as to financial matters or matters that relate to the
administration or structure of an employee benefit plan or the administration
or operation of a trust fund. The representatives of the apprentices shall be
selected by way of a secret ballot election among the apprentices conducted
by the apprenticeship program not less than once every two (2) years. This advisory
panel shall meet not less than once every quarter to address issues and concerns
raised by and affecting the apprentices in the program.

212.2. Eligibility and Procedure
for DAS Approval of an Apprenticeship Program.

(a) To be eligible for approval,
a program must comply with all applicable federal and state law and regulations.
A revision to change the programs occupation or to change the programs
geographic area of operation to include a different labor market area is subject
to the same application and approval process set out in (a) - (j) of this section
for approval of a program, including providing notice of the proposed revision
and an opportunity for comment to existing programs in the same apprenticeable
occupation in the labor market area. The program sponsor shall submit to the
Chief, DAS, an application for approval of the program and shall provide the
program standards and, either with the application or during the application
review process, evidence of:

(1) commitment to provide safe work
site facilities and safe equipment sufficient to train the apprentices;

(2) commitment to provide skilled
workers as trainers at the work site who meet the criteria for journeyman or
instructor as defined in Section 205 (a) or (b);

(4) ability to offer training and
supervision in all work processes of the apprenticeable occupation;

(5) the program sponsors ability,
including financial ability, and commitment to meet and carry out its responsibility
under the federal and state law and regulations applicable to the apprenticeable
occupation and for the welfare of the apprentice.

(b) The training must be in an apprenticeable
occupation as defined in Section 205(c) and must conform to the requirements
of Section 215 concerning equal opportunity in apprenticeship;

(c) Within thirty days after receipt
of an application for approval of a program, or for approval of a revision to
change the occupation or to change the programs geographic area of operation
to include a different labor market area, the Chief DAS shall notify the sponsor
in writing either that: (1) the application is complete and accepted for filing;
or (2) the application is incomplete and specified additional information is
required;

(d) Where a collective bargaining
agreement exists, a program shall be jointly sponsored unless either party to
the agreement waives its right to representation in writing;

( e) If the standards or collective
bargaining agreement of a program proposed by an employer or employers' association
provide for participation by a union in the operation of the program, the sponsor
shall provide evidence that the union accepts or does not oppose the program.
The union may submit comments on the proposed program within thirty days after
receipt of the proposed standards. The Chief may, in his or her discretion,
consult with such union concerning the proposed program;

( f) If the standards and collective
bargaining agreement of a program proposed by an employers' association do not
provide for participation by a union in the operation of the program, the sponsor
shall serve a copy of the proposed standards and any supplement thereto on the
union, if any, which is the collective bargaining agent of the employees to
be trained. The union may submit comments on the proposed program within thirty
days after receipt of the completed standards. The Chief may, in his or her
discretion, consult with such union concerning the proposed program;

(g) Upon receipt of the proposed
standards of a program, the Chief shall serve a copy of the proposed standards
and any supplement thereto on the sponsor of each existing program in the apprenticeable
occupation in the labor market area of the program, unless the program has advised
the Chief DAS that it does not wish to be so notified. Each such existing program
may submit comments on the proposed program within thirty days after receipt
of the completed standards. The Chief may, in his or her discretion, consult
with such existing program concerning the proposed program;

(h) The Chief may, in his or her
discretion, hold a hearing on any issue relating to the compliance of a proposed
program with federal and state law and regulations. The Chief shall provide
notice of, and an opportunity to attend, the hearing to the sponsor and to any
union or existing program that is entitled to submit comments under this section.
The hearing shall be conducted informally without the application of formal
rules of evidence or procedure;

(i) The Chief's decision whether
to approve a program shall be issued within ninety days after the receipt of
the completed application for approval. The decision shall be served on the
sponsor and on each party which submitted comments on the proposed program.
The decision shall be in writing and shall set forth the relevant findings of
fact, a discussion of any issues raised by any comments or at any hearing and
the reasons for the decision;

(j) The median time for processing
an application to train apprentices, from the receipt of the initial application
to the final approval decision, based on the experience in the two years preceding
the proposal of this Section, is two years. The minimum time is one and a half
years, and the maximum time is three years;

(k) The Chiefs decision approving
or disapproving a proposed program shall be final and become an Order of the
Council if no appeal is filed within 30 days following service of the decision
on the parties. The appeal may be filed by the sponsor or by any union or existing
program which was authorized to and did submit comments under this section;

(l) The chairperson of the Council
shall refer the appeal, if any, to a three member panel which shall submit a
recommendation to the full Council. The Panel's recommendation shall be submitted
no later than the second regularly scheduled meeting of the Council after the
filing of the appeal. The panel may, in its discretion, hold a hearing if the
Chief did not hold a hearing in the consultation process. The hearing shall
be conducted in compliance with Section 203;

(m) The Council may affirm, reverse,
or modify the decision of the Chief or of the appeal panel. The decision of
the Council on an appeal shall be final;

(n) All documents, notices and appeals
filed or served under this Section shall be filed or served in accordance with
Section 229.

(a) Each apprenticeship program
shall annually prepare and submit a Self-Assessment Review as well as a Program
Improvement Plan to the Chief DAS; provided, however, that a program is not
required to submit a Review and a Plan in the first year of its existence.

(b) The Self-Assessment Review shall
contain an objective and critical appraisal of the following items at a minimum:

(1) curriculum and
instruction;

(2) supervision
and management;

(3) individual apprentice
training plans;

(4) use of competent
and qualified personnel;

(5) utilization
of facilities, equipment and material;

(6) community, business
and industry involvement;

(7) recruitment,
assessment and placement;

(8) program promotion;

(9) program accountability;

(10) safety and
drug-free environmental training; and

(11) training in
the recognition of sexual harassment and illegal discrimination.

(c) The Program Improvement Plan
shall contain provisions by which the program sponsor(s) represent that good
faith efforts shall be made to improve identified deficiencies in program operations
and in the training of apprentices. Such Plan shall contain at a minimum:

(1) remedial priorities;

(2) program improvement
objectives;

(3) identification
of personnel, resources, and action needed; and

(4) time lines for
completion of objectives.

(d) The Chief DAS shall select a
program for random audit using a method that is not based on factors specific
to that audit subject. A program may be selected for random audit only once
during each five-year period beginning January 1, 2000. A program may be selected
for non-random audit at any time if:

(1) there have been at least two
previous final determinations that the program has violated laws or regulations
regulating apprenticeship; or

(2) the Chief, DAS, as the result
of a previous audit under this section, has identified violations of the programs
standards or laws or regulations regulating apprenticeship and believes that
the violations may not have been remedied.

(e) A program that has been selected
for audit shall be notified by the Chief DAS fourteen (14) days prior to the
commencement of the audit. The notice shall state whether the audit is a random
audit or non-random.

(f) An audit of a program shall
include a review of the program records, including records of apprentice training
and related and supplemental instruction; inspection of the programs training
facilities; visits to on-the-job training locations; and review of individual
apprentice records. Apprentice records may be reviewed by a method of random
selection and not every apprentice record need be reviewed so long as a sufficient
number are reviewed to fairly evaluate the program. The Chief DAS shall provide
a copy of the proposed audit report to the program within 30 days of the completion
of the audit. The program shall have 14 days following receipt of the report
to make comments. The Chief DAS may reopen the audit in response to any comments,
and shall submit a final audit report, taking into account any comments, to
the California Apprenticeship Council within 10 days following the final completion
of the audit.

(g) Audit reports shall not include
the name, address or social security number or other identifying information
about any apprentice and shall not include any medical or other confidential
information about any apprentice.

(h) The audit report prepared by
the Chief DAS for presentation to the California Apprenticeship Council shall
contain recommendations for remedial action to correct deficiencies, if any,
and a proposed time schedule for doing so. The Chief DAS shall report at each
regular California Apprenticeship Council meeting the status of each audit,
including whether or not the deficiencies identified in the audit report have
been corrected.

The deregistration of a program
cancels the approval of a program to operate.

(a) The Chief DAS shall deregister
an apprenticeship program upon the request of the sponsor as long as within
fifteen days of the Chief's acknowledgment of the request for deregistration,
the sponsor shall inform each apprentice in writing of the deregistration, the
proposed effective date of the deregistration and the names and addresses of
other programs in the area. The Chief shall not deregister the program unless
the sponsor complies with this requirement.

(b) The Chief may deregister an
apprenticeship program, if the program is not conducted, operated and administered
in accordance with applicable federal and state law and regulations or the programs
approved apprenticeship standards, or if a program has had no active apprentices
for a period of two (2) years, except that deregistration proceedings for violation
of equal opportunity requirements shall be processed in accordance with Section
215;

(1) If the Chief has information
that a program is not being operated in accordance with applicable federal and
state law and regulations or the programs approved apprenticeship standards,
the Chief shall so notify the program sponsor in writing sent by registered
or certified mail, with return receipt requested. The notice shall identify
the violation and the action needed to correct the violation. The notice shall
state that the program will be deregistered unless corrective action is completed
within thirty days. Upon a showing of good cause, the Chief may grant the sponsor
a reasonable extension of time to achieve corrective action. Where the Chief
has information that a program has had no active apprentices for a period of
two (2) years, that shall be considered grounds for deregistration and the Chief
shall notify the program sponsor in writing as set forth above that the program
will be deregistered unless the program can show good cause within thirty (30)
days why it should not be deregistered;

(2) The Chief shall advise the sponsor
in every reasonable way to help the program sponsor correct the violation;

(3) If the required correction is
made, the Chief may periodically review the program to see that the correction
is maintained;

(4) If the required correction is
not completed, or if a program which has had no active apprentices for a period
of two (2) years fails to show good cause why it should not be deregistered,
within the allotted time, the Chief shall send a notice to the sponsor, by registered
or certified mail, return receipt requested. The notice shall:

(A) State that it is sent pursuant
to this subsection;

(B) Indicate that the program has
had no active apprentices for a period of two (2) years and has failed to show
good cause why it should not be deregistered; or identify the violation with
particularity, state when it was called to the sponsor's attention, identify
the correction required and state that the sponsor has failed or refused to
correct the violation;

(C) State that the Chief will recommend
that the Administrator deregister the program unless the sponsor requests a
hearing within fifteen days of the date of the notice;

(5) If the sponsor does not request
a hearing, the Chief shall transmit to the Administrator a report containing
all pertinent facts and circumstances concerning the violation, including the
findings and recommendation for deregistration, and copies of all relevant documents
and records. Statements concerning interviews, meetings and conferences shall
include the time, date, place, and persons present. The Administrator shall
make a final order on the basis of the record.

(6) If the sponsor requests a hearing,
the Chief shall transmit to the Administrator a report containing all the data
listed in subparagraph (5) above. The Administrator shall hold a hearing in
accordance with Section 202, and shall make a final decision on the basis of
the record, including the proposed findings and recommended decision of the
Chief. At the Administrators discretion, he/she may allow the sponsor
a reasonable period of time to achieve corrective action.

(7) The decision of the Administrator
concerning deregistration of a program shall be final and become an order of
the Council unless an appeal is filed by the sponsor with the Council within
thirty (30) days following the date the decision is issued. If the program is
deregistered, and no appeal to the Council is filed, the deregistration shall
be effective sixty (60) days following the date the Administrators Decision
was issued.

(8) The sponsor may appeal the Administrators
Decision to the Council. If an appeal is filed, the procedures of Section 203
shall be followed. The Decision of the Council shall be final and shall be effective
thirty (30) days following the date the Councils Decision is issued.

(9) Upon issuance of the Administrators
Decision to deregister, the Administrator shall make public notice of this Decision
and shall notify the sponsor and other programs in the same occupation and in
the same labor market area. Within 15 days of service of the Administrators
Decision, the sponsor shall notify each apprentice of the Administrators
Decision to deregister the program. The sponsor shall inform each apprentice
that, if the deregistration decision becomes final, it automatically terminates
the apprentice's individual registration. The sponsor shall provide each apprentice
with the names and addresses of other programs in the area. Finally, the sponsor
shall provide Chief, DAS, with proof of said mailing.

(a) ADMINISTRATOR means the Administrator
of Apprenticeship or a duly authorized representative.

(b) CHIEF means the Chief of the
Division of Apprenticeship Standards or a duly authorized representative.

(c) CONTRACTOR means a general,
prime, specialty or subcontractor.

(d) COUNCIL means the California
Apprenticeship Council.

(e) DAS means the Division of Apprenticeship
Standards.

(f) DATE OF AGREEMENT OR CONTRACT
AWARD means, whichever is earlier, the date the Public Work contract was signed
by the party authorizing performance under the Public Work, or the date a Notice
to Proceed was issued.

(g) WORKER means any journeyman
as defined in Section 205(a) of Title 8 performing work of an apprenticeable
occupation on a public works job, except a licensee who is a sole proprietor.

(d) A request for review which is
transmitted to the Administrator within 30 days after service of the order of
debarment or civil penalty will be considered timely if the request was sent
to the Administrator by first class mail or facsimile with a proof of service
showing the date of service was within 30 days after service of the order of
debarment or civil penalty.

the apprenticeship committee for
each applicable apprenticeable craft or trade in the area of the site of the
public works project that has approved the contractor to train apprentices.
Contractors who are not already approved to train by an apprenticeship program
sponsor shall provide contract award information to all of the applicable apprenticeship
committees whose geographic area of operation includes the area of the public
works project. This contract award information shall be in writing and may be
a DAS Form 140, Public Works Contract Award Information. The information shall
be provided to the applicable apprenticeship committee within ten (10) days
of the date of the execution of the prime contract or subcontract, but in no
event later than the first day in which the contractor has workers employed
upon the public work. Failure to provide contract award information, which is
known by the awarded contractor, shall be deemed to be a continuing violation
for the duration of the contract, ending when a Notice of Completion is filed
by the awarding body, for the purpose of determining the accrual of penalties
under Labor Code Section 1777.7. The DAS Form 140 or written notice shall include
the following information, but shall not require information not enumerated
in Section 230 :

(a) Contractors, as defined in Section
228 to include general, prime, specialty or subcontractor, shall employ registered
apprentice(s), as defined by Labor Code Section 3077, during the performance
of a public work project in accordance with the required 1 hour of work performed
by an apprentice for every five hours of labor performed by a journeyman , unless
covered by one of the exemptions enumerated in Labor Code Section 1777.5 or
this subchapter. Unless an exemption has been granted, the contractor shall
employ apprentices for the number of hours computed above before the end of
the contract. Contractors who are not already approved to train by an applicable
joint apprenticeship committee or unilateral committee must request the dispatch
of required apprentices from one of the applicable Apprenticeship Committees
whose geographic area of operation includes the site of the public work by giving
the committee actual notice of at least 48 hours (excluding Saturdays, Sundays
and holidays) before the date on which one or more apprentices are required.
However, if a non-signatory contractor declines to abide by and comply with
the terms of a local committee's standards, the Apprenticeship Committee shall
not be required to dispatch apprentices to such contractor. Conversely, if in
response to a written request an Apprenticeship Committee does not dispatch
any apprentice to a contractor who has agreed to employ and train apprentices
in accordance with either the Apprenticeship Committee's Standards or these
regulations within 72 hours of such request (excluding Saturdays, Sundays and
holidays) the contractor shall not be considered in violation of this section
as a result of failure to employ apprentices for the remainder of the project,
provided that the contractor made the request in enough time to meet the above-stated
ratio. If an Apprenticeship Committee dispatches fewer apprentices than the
contractor requested, the contractor shall be considered in compliance if the
contractor employs those apprentices who are dispatched, provided that, where
there is more than one Apprenticeship Committee able and willing to unconditionally
dispatch apprentices, a contractor who is not a participant in an apprenticeship
program has requested dispatch from at least two committees.

(b) Apprentices employed on public
works shall be paid the applicable apprentice prevailing per diem wage rate,
available from DAS, and derived from the Directors survey of wages paid
on public works in the geographic area of the craft or trade.DAS shall
refer complaints alleging any contractor's failure to pay the proper apprentice
prevailing wage rate on a public works project to the Division of Labor Standards
Enforcement for investigation and appropriate action.

(c) Apprentices employed on public
works can only be assigned to perform work of the craft or trade to which the
apprentice is registered. Work of the craft or trade consists of job duties
normally assigned to journeymen in the apprenticeable occupation. Where an employer
employs apprentices under the rules and regulations of the California Apprenticeship
Council, as set forth in Labor Code Section 1777.5(c)(2), apprentices employed
on public works must at all times work with or under the direct supervision
of journeyman/men. The on the-job training shall be in accordance with
the apprenticeship standards and apprenticeship agreement under which the apprentice
is training, provided that a contractor shall not be subject to any financial
or administrative obligations to a trust fund or employee benefit plan unless
the contractor has so agreed.

(d) Contractors who have bid or
have been awarded public works projects prior to January 1, 2000 and contractors
who have bid prior to January 1, 2000 and have been awarded public works projects
after January 1, 2000 shall comply with the provisions of Labor Code Section
1777.5 in effect prior to January 1, 2000, as implemented by California Apprenticeship
Council regulations in effect prior to January 1, 2000.

(a) Complaints alleging noncompliance
with Labor Code Section 1777.5 may be filed with the Chief by any person. Such
complaints shall

contain the following:

(1) The full name and address of
the party filing the complaint.

(2) The full name and address of
the party(s) against whom the complaint is made (hereinafter referred to as
the "respondent").

(3) The name and address of the
general contractor if the party against whom the complaint is filed is a subcontractor.

(4) The full name and address of
the public work awarding body.

(5) The location (address or geographic
location) of the public work site.

(6) A clear and concise statement
of the facts constituting the basis for the complaint, date(s) of the alleged
violation(s) and where appropriate, substantiation that respondent has: (A)
failed to provide the applicable Apprenticeship Committee with notice of contract
award information; and/or (B) failed to comply with the required apprentice
to journeyman ratio; and/or (C) failed to properly employ apprentice(s) by assigning
apprentice(s) to perform work outside the craft or trade of the apprenticeable
occupation; and/or (D) failed to make required contributions to the Council
or to the applicable apprenticeship program; and/or (E) failed to provide the
applicable Apprenticeship Committee with a verified statement of the journeyman
and apprentice hours performed on the contract; and/or (F) otherwise violated
Labor Code Section 1777.5.

(7) The apprenticeable occupation.

(8) A declaration by the person
signing the complaint under penalty of perjury that its contents are true and
correct to the best of his/her knowledge and belief.

(9) The signature of the person
filing the complaint, or in the case of an organization, an authorized officer
or agent.

(10) Proof of Service of the complaint
on the respondent, and in the case of a respondent subcontractor also on the
general and/or prime contractor, pursuant to the provisions of Section 229.

(b) The Chief shall investigate
complaints and provide written notice to the complaining party, if any, and
the respondent of the determination. Whether or not there is a complaint, the
Chief shall conduct an investigation before making a determination that a violation
has occurred.

(c) The filing of a complaint is
not a prerequisite to the initiation of an investigation by the Chief or to
a determination by the Chief that a violation has occurred.

(d) Before issuing a determination
that a violation has occurred, the Chief shall provide the affected contractor(s)
with written notice of the allegations and a reasonable opportunity to respond.

(e) The Chief, on his/her own initiative,
may issue a non-willful Notice when there is cause to believe that there has
been a non-willful violation of Labor Code Section 1777.5. Such Notice shall
be filed within six (6) months from the date of the alleged violation and shall
contain the information required in subpart (b) of this section, but need not
be under penalty of perjury. The Chief shall serve notice of a determination
of a civil penalty or debarment on the affected contractor(s). The notice shall
set forth the procedure set forth in Labor Code section 1777.7(c) for obtaining
review of the Chiefs decision. For purposes of commencing a period of
debarment, the date of the determination of noncompliance by the Chief shall
be the first date on which the Chiefs decision is no longer subject to
review.

(f) Nothing in this subchapter shall
prevent the Chief from entering into a settlement with the affected contractor,
either before or after a notice of a determination.

(g) If the Chief determines that
a contractor has failed to submit contract award information and/or a verified
statement of the journeyman and apprentice hours performed, the contractor shall
use certified mail as the means of making subsequent submissions and maintain
U.S. Postal Service return receipts as proof of mailing. The certified mail
requirement shall end after two years from the notice of the determination.

(h) For purposes of Labor Code Section
1777.7, a contractor knowingly violates Labor Code Section 1777.5 if the contractor
knew or should have known of the requirements of that Section and fails to comply,
unless the failure to comply was due to circumstances beyond the contractors
control. There is an irrebuttable presumption that a contractor knew or should
have known of the requirements of Section 1777.5 if the contractor had previously
been found to have violated that Section, or the contract and/or bid documents
notified the contractor of the obligation to comply with Labor Code provisions
applicable to public works projects, or the contractor had previously employed
apprentices on a public works project.

The procedures in this Article are
not intended to supersede, supplant, replace or limit any other means of enforcing
the laws and regulations herein that may exist. The public agencies and political
subdivisions administering them -- the Chief, the Administrator and Council
-- or interested private parties, may initiate court proceedings where authorized
under statutes in an appropriate case without recourse to (or during) administrative
proceedings described under this Article. See, e.g., Labor Code Section 3084.5;
Bus. & Prof. Code Section 17200, et seq. The initiation of administrative
proceedings against a subcontractor shall not abrogate any responsibility attributed
to any other contractor by statute.